First invoice for earthworks and base slab due

Hello,

our foundation slab is now finished and yesterday the construction of the ground floor began. The first invoice for earthworks and the foundation slab has already arrived. How does it generally work when I have paid? Do I thereby confirm that I accept the completed work and can no longer raise complaints about defects that may become apparent later? Or does this only apply upon the final acceptance of the entire building?

Our contract states the following:

Acceptance
1. The contractor is obliged to notify the client of the completion of the service verbally or in writing.
2. The client is obliged to accept the contractor’s service after completion within a period of 10 days at the latest, provided the service has been rendered without significant defects.

Hm...

How does it generally work when I have paid? Does that mean I confirm that I accept the work performed and cannot complain about defects that may become apparent later?

No, that is generally not the case. I assume you are building with a general contractor. The acceptance takes place after the completion of the service, i.e. when the house is standing. However, the general contractor can demand an interim acceptance.

Unfortunately, your contract states that completion can be reported verbally. This could also apply to self-contained components. The idea being: "Morning – your foundation slab is finished" – and then the 10-day period for acceptance starts.

The invoice states "Completion of the foundation slab," I acknowledge that as indicated. Yes, correct, it is a general contractor. But can't the foundation slab also be considered a "service"? I'm a bit confused.

no, sorry, wrong post

The performance is the house, which is paid in several partial sections (construction payment plan). The payment is not an acceptance, but the installment agreed upon according to the construction payment plan.

Are you sure? Sorry for the doubts. Under the listing of the due payment sections it says: Payments according to the agreed payment plan are to be made within 14 days of receipt of the respective invoice, provided the work is essentially free of defects. Doesn't the last sentence then mean, if there are no essential defects, I have to pay. If I pay, I agree that there are no essential defects. But if I discover a defect later, isn't it too late? After all, I have paid and thus also shown my agreement.

Apart from this discussion: What are you currently doing to detect defects? Is there site supervision, quality control? Do you have an expert who evaluates the foundation slab on your behalf and informs you about possible defects?

Have you had the contract for work professionally reviewed?

Generally/usually, the work ("house") is accepted as a whole at the end. Partial payments according to the payment schedule in the contract for work usually have no effect on your defect rights. Only with acceptance does the burden of proof shift.

Whether partial acceptances are provided for in your case cannot, in my opinion, be answered so easily. You should get informed advice regarding your contract for work.

However, this does not replace the careful assessment of the construction status. Your primary interest should be to know at all whether there are defects!